3. In order to decide on the admissibility of a communication, pursuant to the provisions of the Charter, the
Commission shall ensure:
a) that the communication indicates the identity of the author even if the requests the Commission to be
anonymous, in which case the Commission shall not disclose his name;
b) that the author alleges to be a victim of a violation, by a State party, of any one of the rights enunciated
in the Charter and, if necessary, that the communication is submitted in the name of an individual who is
victim (or individuals who are victims) who would be unable to submit a communication or to authorise it to
be done;
c) that the communication does not constitute an abuse of the right to submit a communication under the
charter;
d) that the communication is not incompatible with the provisions of the Charter;
e) that the communication is not limited solely to information published or disseminated through the mass
communication media;
f) that the same issue is not already being considered by another international investigating or settlement
body;
g) that the alleged victim has exhausted all the available local remedies or that the processes of such
remedies are unduly taking a long time;
h) that the communication has been submitted within a reasonable time limit from the time the local
remedies have been exhausted or from a period decides by the Commission.
Rule 115 : Additional Information
1. The Commission or a Working Group set up under Rule 113, may, through the Secretary-General,
request the State party concerned or the author of the communication to submit in writing additional
information or observations relating to the issue of admissibility of the communication. The Commission or
the Working Group shall fix a time limit for the submission of the information or observation to avoid the
issue dragging too long.
2. A communication may be declared admissible only on condition that the State party concerned has
received the text of the communication and that it has been given the opportunity to submit the information
and observations pursuant to paragraph 1 of this Rule.
Rule 116 : Decision of the Commission on Admissibility
1. If the Commission decides that a communication is inadmissible under the Charter, it shall make its
decision known as early as possible, through the Secretary-General, to the author of communication and, if
the communication has been transmitted to a State party concerned, to that State.
2. If the Commission has declared a communication inadmissible under the Charter, it may re-consider this
decision at a later date if it is seized by the interested individual or on his behalf, of a written request
containing the information to the effect that the grounds for the inadmissibility have ceased to exist.
Section IV: Procedures for the Consideration of Communications
Rule 117 : Proceedings
1. If the Commission decides that a communication is admissible under the Charter, its decision and the
text of the relevant documents shall as soon as possible, be submitted to the State party concerned,
through the Secretary-General. The author of the communication shall also be informed of the
Commission's decision through the Secretary-General. The author of the communication shall be also be
informed of the Commission's decisions through the Secretary General.
2. The State party to the Charter concerned shall, within the 4 ensuing months, submit in writing to the
Commission explanations or statements elucidating the issue under consideration and indicating, if
possible, measures it was able to take to remedy the situation;
3. All explanations or statements submitted by a state party pursuant to the present Rule shall be
communicated, through the Secretary-General, to the author of the communication who may submit in
writing additional information and observations within a time limit fixed by the Commission.
4. The Commission may review the decisions by which it has declared a communication admissible, in the
light of the explanations and statements submitted by the State party under the present rule.
Rule 118 : Final Decision of the Commission
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